(a)Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law.
(b)Except as provided in Section
12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.
(c)The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency.
(d)The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card.
(e)On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government.
(f)Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age.
(g)The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.
(h)This section shall become operative on July 1, 2016.
(i)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.
Notes of Decisions
Bingham v. City of Manhattan Beach, 341 F.3d 939 (9th Cir. 2003).
· cites it 4× “10 Because an arrest for this purpose violated California Vehicle Code § 12801.5, which prohibits the arrest of a motorist over the age of 16 “solely on the belief that the person is an unlicensed driver,” Cal.”
Bingham v. City of Manhattan Beach, 329 F.3d 723 (9th Cir. 2003).
· cites it 4× “10 Be *733 cause an arrest for this purpose violated California Vehicle Code § 12801.5, which prohibits the arrest of a motorist over the age of 16 “solely on the belief that the person is an unlicensed driver,” Cal.”
Honsickle v. Superior Court, 99 Cal. Daily Op. Serv. 864 (Cal. Ct. App. 1999).
“(Veh. Code, § 12801.5, subd. (a).) Without such license, she could not legally operate a motor vehicle in California and could not obtain liability insurance coverage.”
Landeros v. Torres, 206 Cal. App. 4th 398 (Cal. Ct. App. 2012).
“(Veh. Code, § 12801.5, subd. (a).) Wysocki’s husband had purchased insurance for the vehicle Wysocki was driving at the time of the accident.”
United States v. Alvarez, 371 F. App'x 756 (9th Cir. 2010).
“2003) (citing Cal. Veh.Code § 12801.5(e)). Here, however, Alvarez was arrested not for merely driving without a valid license, but for doing so while on parole for a previous offense.”
Gordon (E.D. Cal. 2026).
· cites it 2× “California Vehicle Code § 12801.5 provides that the DMV 7 “shall require an applicant for an original driver’s license or identification card to submit 8 satisfactory proof of California residency and that the applicant’s presence in the United States is 9 authorized under…”
United States v. Smith, 134 F. App'x 118 (9th Cir. 2005).
· cites it 2× “MEMORANDUM ** Appellant Kenneth Smith (“Smith”) seeks review of an issue that he did not *119 raise in the district court: whether California Vehicle Code Section 12801.5(e) renders his arrest unlawful.”
United States v. Smith, 148 F. App'x 615 (9th Cir. 2005).
· cites it 2× “Smith seeks review of an issue that he did not raise in the district court: whether California Vehicle Code Section 12801.5(e) renders his arrest unlawful.”
Jones v. City & Cnty. of San Francisco CA1/5 (Cal. Ct. App. 2015).
“” (Veh. Code, § 12801.5, subd. (e).) 4 allegations that the City “use[s] paid police officers and otherwise draw[s] on taxpayer funds” to carry out the challenged policies and practices.”
— Cal. Vehicle Code § 12801.5(e) — 6 cases
Bingham v. City of Manhattan Beach, 341 F.3d 939 (9th Cir. 2003).
“10 Because an arrest for this purpose violated California Vehicle Code § 12801.5, which prohibits the arrest of a motorist over the age of 16 “solely on the belief that the person is an unlicensed driver,” Cal.”
Bingham v. City of Manhattan Beach, 329 F.3d 723 (9th Cir. 2003).
“10 Be *733 cause an arrest for this purpose violated California Vehicle Code § 12801.5, which prohibits the arrest of a motorist over the age of 16 “solely on the belief that the person is an unlicensed driver,” Cal.”
United States v. Alvarez, 371 F. App'x 756 (9th Cir. 2010).
“2003) (citing Cal. Veh.Code § 12801.5(e)). Here, however, Alvarez was arrested not for merely driving without a valid license, but for doing so while on parole for a previous offense.”
United States v. Smith, 134 F. App'x 118 (9th Cir. 2005).
“MEMORANDUM ** Appellant Kenneth Smith (“Smith”) seeks review of an issue that he did not *119 raise in the district court: whether California Vehicle Code Section 12801.5(e) renders his arrest unlawful.”
United States v. Smith, 148 F. App'x 615 (9th Cir. 2005).
“Smith seeks review of an issue that he did not raise in the district court: whether California Vehicle Code Section 12801.5(e) renders his arrest unlawful.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.